RAJAN TRANSPORT CO Vs. PITAMBER PUBLISHING CO

JUDGEMENT

(1.) ON account of having delivered a consignment to an unauthorized person, the appellant has vide impugned order dated 20.6.2000 been directed to pay a sum of Rs. 20,000 towards the value of the consignment along with 15% interest. Feeling aggrieved, the appellant has preferred this appeal.

(2.) RELEVANT facts giving rise to this appeal in brief are as under:

(3.) THE consignment of goods were not delivered to the representative of the respondent but were delivered to the book seller unauthorisedly without the proper documents comprising G.Rs. and bills. Thus the appellant made an unauthorized delivery to the book seller without the express or implied instructions to that effect. Vide letter dated 15.2.1995, the said book seller requested the respondent to refrain from evoking any judicial remedy and even mentioned about he dispatch of the two demand drafts totalling Rs. 880,000 which however, were not received by the respondent. The respondent approached the appellant transports for obtaining goods delivered by them to the book -seller but the tansporter claimed ignorance of any such payment made by the book -seller to them. Since these goods were to be delivered after retiring the documents from the two Banks viz., Central Bank of India, Dehradun, the Banks sent back these documents to the respondent stating that documents were not retired as desired by the respondent. The respondent had to pay Rs. 244 as VPP charges to these bankers on account of dispatch of these documents to the complainant.